On May 18, the Department of Homeland Security and the Department of Labor published a joint temporary final rule (87 FR 30334) in the Federal Register to increase the numerical limits during the second half of FY2022 for H‑2B nonimmigrant visas and continue to provide portability flexibility for H‑2B workers already in the U.S. This temporary rule allows an H‑2B worker who is already in the U. S. to begin work immediately with a new employer after an H‑2B petition (supported by a valid temporary labor certification (TLC)) is received by USCIS and before it is approved.

A temporary final rule (87 FR 4722) published in January currently provides portability and portability will continue for petitions received by USCIS through Jan. 24, 2023. Updated Form I‑9 guidance for H‑2B workers seeking to change employers is located in the Handbook for Employers - Section 6.7.